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RESOLUTION NO. 2004 -08 A RESOLUTION OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING GUIDANCE FOR UTILIZATION OF VENDING UNITS WITHIN CITY LIMITS; PROVIDING THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL WHEREAS, City Council has passed an ordinance re1,>ulating Vending Operations within City limits; and WHEREAS, it is the desire of the Council to provide predictability, accountability, and safety for such operations for the benefit of both Vendors and the public at large; and WHEREAS, it is believed that setting out guidelines related to Vending Operations and Vending Units is in the best interest of Vendors, the City, and the public at large. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Moscow, Idaho as follows: Section 1: Requirements and Specifications A. The total operating area of the Vending Operation shall not exceed twenty-four (24) square feet of sidewalk or public right-of-way, which shall inelude the area of the Vending Unit and, when externally located, the Vendor and the trash reeeptaele. B. The length of the Vending Unit shall not exceed eight feet unless otherwise specifically approved by City Clerk. C. The height of the Vending Unit, excluding canopies, umbrellas, or transparent enelosures, shall not exceed eight feet unless otherwise specifically approved by City Clerk. D. No Vending Unit shall touch or be attached to any structure or any obstruction within the flow of street or pedestrian traffic. This ineludes traffic signals or signs, light standards, parking meters, phone booths, newspaper stands, bus stops, trash reeeptaeles, benches, trees, and similar objects unless permission to do such is granted by the owner of such structure or obstruction and by the City. E. No Vending Unit shall obstruct access to parked vehicles, impede the delivery of materials to eontio>uous or adjoining property, nor preclude use of any existing curb space. F. No Vendor shall verbally solicit business from pedestrians or persons in vehieles nor shall Vendors sell or offer to sell to persons in vehieles. G. During hours of operation, the Vendor and Vending Unit shall remain in the location specified in the license. H. Electrical utility connections are permitted to the adjacent property but no lines may be extended overhead or upon the sidewalk. RESOLUTION 2004)08- VENO!Wi UNIT-·* 2004 PAGE 1 OF4 ---PAGE BREAK--- Section 2: Vending Site Considerations The City Clerk or designee will evaluate the following to determine whether a Vending Unit is a suitable use for the proposed Vending Site and will not infringe on the use of the public rights-of-way by pedestrians and others: A. The width of the sidewalk or right-of-way at the Vending Site; B. The proximity and location of building entrances and exits in close proximity to the Vending Operation; C. Existing obstructions to pedestrian use of the sidewalk or public right-of-way including light standards, trees, parking meters, trash receptacles, traffic signals, Si!,>nS, benches, phone booths, newspaper stands, and bus stops; A clear path, free of all obstructions to the flow of pedestrian traffic, shall be provided in the public rights-of-way and shall be maintained at all times. "Obstruction" includes, but is not limited to, traffic signals or signs, light standards, parking meters, phone booths, newspaper stands, bus stops, trash receptacles, benches, trees, and similar objects. The clear path shall be a minimum width of eight feet D. Vehicle activity areas in the adjacent street or highway including bus stops, truck loading zones, taxi stands or hotel zones, and passenger loading areas; and For Vending Units located at the curb, the clear path shall be measured from the Vending Unit to the nearest obstruction within the flow of pedestrian traffic. The Vending Unit shall not hang over the curb. For Vending Units not located at the curb, the clear path shall be measured from the Vending Unit to the curb or to the nearest obstruction within the flow of pedestrian traffic. For Vending Units located at street intersections, the clear path shall include the area formed by extending the property line to each curb line. E. The amount of pedestrian use and the impact of the Vending Operation's location on pedestrian and related activity. The City Clerk or desi!,>nee may grant an exception to the minimum clear path width if pedestrian volumes and existing street conditions are such that congestion is unlikely to result. F. Vendor shall remove Vending Unit from Vending site and shall, in addition, remove all equipment, materials and appurtenances related to Vending operations upon expiration of the permit which allows such Vending Unit to be placed at a Vending site. Section 3: Cleanliness The Vending Site must he kept clean at all times. When the Vending Operation involves a container or wrapper, the Vendor shall supply a refuse container. Vendors shall pick up and remove, and properly dispose of any paper, cardboard, wood or plastic containers, wrappers, or any litter in any form which is deposited by any person on the sidewalk, street or RESOLUTION 2004-0S--. VENDING UNIT--- 2004 PAGE 2 OF4 ---PAGE BREAK--- public right-of-way adjacent to and within thirty-five feet (35') of the vending site. Vendors shall carry a suitable container for placement of such litter by customers or other persons. Vendors are strongly encouraged to use environmentally friendly products and practices, including, but not limited to, those which reduce introduction of materials into the waste stream, utilize bio-degradable products, and encourage patrons to reduce litter and waste. Section 4: Prohibited Conduct. No person issued a license to conduct a Vending Operation hereunder shall: A. Fail to clearly post the price of all goods, wares, merchandise and services; B. Make physical contact with any person unless such person's permission is obtained; C. Misrepresent the purpose of the product or products; D. Misrepresent the at1i!iatiou of any person so engaged in the business; E. Continue efforts to sell to a person once that person informs the Vendor that he/he does not wish to buy or take anything from that Vendor; F. Represent that the City of Moscow Vending Operation License is an endorsement or recommendation of the Vendor or of item(s) being sold; G. Knowingly make any false statement on an application for Vendor License; H. Engage in any fraud, misrepresentation or false statement in the course of carrying on the business for which a Vendor License is required. Section 5: Relationship Of Vending License To Other Licenses And Permits. Nothing in the Vending Ordinance is intended to interfere with or obviate the need for permits which are for Park Special Events, Downtown Special Events, or the Farmer's Market. Any Vendor who is also a currently authorized Farmer's Market Vendor may participate within Farmer's Market. If a Vendor does not have a valid authorization to participate in Farmer's Market, the Vendor must obtain valid authorization prior to conducting Vending Operations during the Farmer's Market and within tbe designated Farmer's Market area. A special event (such as Rendezvous In The Park, Renaissance Fair, etc.) which takes place in a park requires a Park Special Event Permit. Any Vending Operation which is to take place within and during such an event must occur with specific permission of the person or entity holding the Park Special Event Permit for snch special event. Special events which take place downtown require a Downtown Special Event Permit. Any Vending Operation which is to take place within and during such an event must occnr with specific permission of the person or entity holding the Downtown Special Event Permit for such Downtown Special Event. The Vending License does not permit a Vendor to participate in Vending Operations in a City park unless such is done pursuant to this section of Vending guidelines. RESOLUTION 2004-08/ VENDJN(i UNJT / 2004 PAGE30F4 ---PAGE BREAK--- Section 6: Variances From Vending Guidelines. The City Clerk or designee is allowed to grant variances from these guidelines where such a variance will reasonably promote the purposes of the licensing Ordinance and where such a variance will not create a health or safety hazard or result in an unfair commercial advantage to another business or Vendor. Section 7: Establishment of a Fee. The Vendor license fee(s) established from time to time by Resolution duly adopted by Council may distinguish between an owner of a Vending Unit or Vending Operation and an employee of such owner, if deemed appropriate. PASSED AND APPROVED by the Mayor of the City of Moscow, Idaho, this 2004. ATTEST: RESOLUTION 2004008--- VENDING UNIT12 2004 of PAGE40F4